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(영문) 부산지방법원 동부지원 2019.02.14 2018고단1270

근로기준법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of the K-gu Seoul Metropolitan Government I and II, and works from August 20, 2017 to November 14, 2017.

In addition to the fact that the total amount of wages of the retired J was not paid within 14 days from the date of retirement, the total amount of wages of 102,350,000 won for each worker was not paid within 14 days from the date of retirement, as shown in the detailed statement of wages in arrears by each worker (excluding No. 19,31,32,34, 35, 36).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement or statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 109 (1) and 36 of the Labor Standards Act concerning criminal facts and the choice of punishment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In full view of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act, including the developments leading up to the suspended sentence and the degree of damage recovery; and (b) the fact that the payment of wages was not possible in the case of some workers; and (c) the fact that there was a part of the workers who could not receive an application for a non-application of punishment, the sentencing guidelines set forth

Public Prosecution Rejection Parts

1. The summary of this part of the facts charged is the representative director of H, and the defendant did not pay 14,30,000 won in total of wages of workers B, C, D, E, F, and G who were retired while serving as stated in Nos. 19, 31, 32, 34, 35, and 36 for each of the annexed individuals within 14 days from the date of retirement.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the respective Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

(c) Non-prosecution of punishment: Submission of a written agreement on November 22, 2018, which indicates the intent not to grant punishment to the above workers, after the institution of the instant case.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;